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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment is recognized that the defendant has been punished five times for a fine for the same crime, the degree of the victim's injury is more than six weeks, but the defendant led to confession of the crime, reflects his mistake through confinement life exceeding two months, and the victim who was the co-defendant of the judgment of the court below prior to the pronouncement of the judgment of the court below, and the reason for the death seems to be irrelevant to this case.
In full view of the overall sentencing conditions, such as the Defendant’s age, character and conduct, and circumstances before and after crimes, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is justified. In so doing, it is reasonable to deem that the Defendant’s punishment imposed by the lower court is unreasonable, considering the following as a whole: (a) the Defendant deposited KRW 6 million in order to hear; (b) the Defendant appears to have been assaulted
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;